NETHERLANDS Law and Practice Contributed by: Nathalie Idsinga and Mignon de Wilde, Arcagna
is generally considered a UBO if they hold an eco - nomic or controlling interest of more than 25% in the entity. If no such individual exists, all members of the entity’s senior management must be registered as “pseudo-UBOs”. On 22 November 2022, the European Court of Justice ruled that public access to UBO information violates the fundamental rights to privacy and data protection, rendering such access invalid. As a result, the Dutch government restricted access to the register. On 16 July 2025, a new law came into effect that governs access to the UBO register. Under this new law, com - petent authorities and institutions subject to the Mon - ey Laundering and Terrorist Financing (Prevention) Act have access to the UBO register, as do all other par - ties that can demonstrate a legitimate interest. Journalists and certain social and scientific organisa - tions are deemed to have a legitimate interest if they are active in: • preventing money laundering; • terrorist financing; and • related crimes. The Chamber of Commerce has announced that it will gradually expand access to the UBO Register. In addition to the UBO Register for corporate and other legal entities, the Netherlands has a separate register for trusts and similar legal arrangements (the “Trust Register”). Registration requirements apply to trusts that are established or located in the Nether - lands, as well as to trusts established or located out - side the EU that acquire Dutch real estate or enter into a business relationship in the Netherlands. The UBOs of a trust include the settlor(s), trustee(s), protector(s), beneficiaries or classes of beneficiaries and any other natural person who ultimately exercises control over the trust. Access to the Trust Register, like the UBO Register, is currently restricted as a result of the Euro - pean Court of Justice ruling of 22 November 2022 (see above). Mandatory Disclosure Pursuant to the Mandatory Disclosure Directive, the Netherlands has implemented rules requiring EU-
linked intermediaries (such as lawyers, tax advisers and bankers) and, in certain cases (eg, where the intermediary is entitled to legal professional privilege), the taxpayers themselves to report specific arrange - ments to the Dutch tax authorities. These arrange - ments typically involve aggressive tax planning with a cross-border element or are designed to circumvent reporting obligations, such as those under the CRS and UBO regimes. The Dutch tax authorities will auto - matically exchange the information received within the EU via a centralised database. 2. Succession 2.1 Cultural Considerations in Succession Planning This is not applicable in the Netherlands. 2.2 International Planning As businesses and families become more internation - ally mobile, it is important to pay close attention to Dutch tax residency rules. Although the Netherlands has an extensive network of tax treaties for income tax purposes, it has concluded only seven inheritance tax treaties, of which only two also cover gift tax. As a result, while tax treaties can generally resolve issues of double tax residency for income tax, double resi - dency – and thus double taxation – may still arise for gift and inheritance tax purposes. 2.3 Forced Heirship Laws Children of the deceased have forced heirship rights (legitieme portie). Although they can be disinherited, they retain the right to make a monetary claim equal to 50% of the value of the share they would have received under intestacy. This claim must be made within five years of the deceased’s death or earlier if an interested party sets a reasonable deadline. If not claimed in time, the right lapses. These forced heirship rights apply only to the estate of the deceased par - ent. For example, if the deceased was married under a full community of property regime, the children are collectively entitled to a quarter of the deceased’s and their spouse’s total property, as the deceased parent’s estate consists of only half of the total property.
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